GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 844

Short Title:  Strengthen Open Government.	(Public)

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Sponsors: Senators Hoyle, Cooper; Forrester and Perdue.

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Referred to:  Judiciary.

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April 15, 1997

A BILL TO BE ENTITLED
AN ACT TO STRENGTHEN THE OPEN MEETINGS LAW TO REQUIRE ACCOUNTS OF CLOSED MEETINGS, TO PROHIBIT VOTING ON ECONOMIC DEVELOPMENT INCENTIVES IN CLOSED SESSIONS AND TO CLARIFY INFORMATION THAT MUST BE DISCLOSED PUBLICLY ABOUT PROSPECTIVE REAL ESTATE PURCHASES BY PUBLIC BODIES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-318.10(e) reads as rewritten:
"(e)	Every public body shall keep full and accurate minutes of all official meetings, including any closed sessions held pursuant to G.S. 143-318.11. Such minutes may be in written form or, at the option of the public body, may be in the form of sound or video and sound recordings. When a public body meets in closed session, it shall keep an account of the closed session in a written narrative form such that a person not in attendance would have a reasonable understanding of what transpired, including a record of positions taken by public officials during discussion by the public body.  Such accounts, at the option of the public body, may be in the form of sound or video recordings.  Such minutes and accounts shall be public records within the meaning of the Public Records Law, G.S. 132-1 et seq.; provided, however, that minutes or an account of a closed session conducted in compliance with G.S. 143-318.11 may be withheld from public inspection so long as public inspection would frustrate the purpose of a closed session."
Section 2.  G.S. 143-318.11(a) reads as rewritten:
"(a)	Permitted Purposes. – It is the policy of this State that closed sessions shall be held only when required to permit a public body to act in the public interest as permitted in this section. A public body may hold a closed session and exclude the public only when a closed session is required:
(1)	To prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes.
(2)	To prevent the premature disclosure of an honorary degree, scholarship, prize, or similar award.
(3)	To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. General policy matters may not be discussed in a closed session and nothing herein shall be construed to permit a public body to close a meeting that otherwise would be open merely because an attorney employed or retained by the public body is a participant. The public body may consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, or administrative procedure. If the public body has approved or considered a settlement, other than a malpractice settlement by or on behalf of a hospital, in closed session, the terms of that settlement shall be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded.
(4)	To discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body.  No public body shall formally or informally extend or offer, or permit anyone to extend or offer on behalf of the public body, an inducement, incentive, commitment or consideration that has economic value, and that is financed in whole or in part by public funds, except pursuant to a vote duly taken and recorded in an open session.
(5)	To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract.  Provided, however, that if a public body considers the acquisition of an interest in real property, the following information shall be disclosed in the next open session following the closed session:  the location of the property; the name(s) of the current property owner(s); the proposed or potential uses of the property; and any proposal or offer from the potential seller.
(6)	To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. General personnel policy issues may not be considered in a closed session. A public body may not consider the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the public body or another body and may not consider or fill a vacancy among its own membership except in an open meeting. Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting.
(7)	To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct."
Section 3.  This act is effective when it becomes law.